Notify Victims of Protection Orders

Section 1. Section 530.12 of the criminal procedure law is amended by adding a new subdivision 16 to read as follows:

16. The clerk of the court shall be responsible for providing information to individuals petitioning for ex parte orders of protection regarding notification of service of an order of protection. Such notification to the petitioner is required if the petitioner has registered a telephone number with the state victim notification system. The petitioner shall be informed of his or her option to receive notification of service of an ex parte order of protection or summons on the respondent by the court clerk and shall be provided information on how to receive notification of service of ex parte orders of protection or summons to court. The local law enforcement agency or any other government agency responsible for serving ex parte orders of protection or summons to court shall record the service of orders of protection on the computerized registry established pursuant to section two hundred twenty-one-a of the executive law at the time when service occurs. The provisions of this subdivision shall only apply to those court clerks able to access a statewide victim notification system.

§ 2. Section 530.13 of the criminal procedure law is amended by adding a new subdivision 6-a to read as follows:

6-a. The clerk of the court shall be responsible for providing information to individuals petitioning for ex parte orders of protection regarding notification of service of an order of protection. Such notification to the petitioner is required if the petitioner has regis-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04309-01-7

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tered a telephone number with the state victim notification system. The petitioner shall be informed of his or her option to receive notification of service of an ex parte order of protection or summons on the respondent by the court clerk and shall be provided information on how to receive notification of service of ex parte orders of protection or summons to court. The local law enforcement agency or any other government agency responsible for serving ex parte orders of protection or summons to court shall record the service of orders of protection on the computerized registry established pursuant to section two hundred twenty-one-a of the executive law at the time when service occurs. The provisions of this subdivision shall only apply to those court clerks able to access a statewide victim notification system.

§ 3. Section 446 of the family court act, as amended by chapter 526 of the laws of 2013, and the closing paragraph as added by chapter 480 of the laws of 2013, is amended to read as follows:

§ 446. Order of protection. 1. The court may make an order of protection in assistance or as a condition of any other order made under this part. The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by the petitioner or respondent or both. No order of protection may direct any party to observe conditions of behavior unless the party requesting the order of protection has served and filed a petition or counter-claim in accordance with section one hundred fifty-four-b of this act. Such an order may require the petitioner or the respondent:

(a) to stay away from the home, school, business or place of employment of any other party, the other spouse, the other parent or the child, and to stay away from any other specific location designated by the court;

(b) to permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in subdivision one of section eight hundred twelve of this act, or any criminal offense against the child or against the other parent or against any person to whom custody of the child is awarded, or from harassing, intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in this proceeding or in any other proceeding or action under this act or the domestic relations law;

(e) to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child;

(f) to participate in an educational program and to pay the costs thereof if the person has the means to do so, provided however that nothing contained herein shall be deemed to require payment of the costs of any such program by the state or any political subdivision thereof;

(g) to provide, either directly or by means of medical and health insurance, for expenses incurred for medical care and treatment arising from the incident or incidents forming the basis for the issuance of the order;

(h) [1.] (1) to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the person protected by the order or a minor child residing in such person's household.

[2.] (2) "Companion animal", as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;

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(i) [1.] (1) to promptly return specified identification documents to the protected party, in whose favor the order of protection or temporary order of protection is issued; provided, however, that such order may: (A) include any appropriate provision designed to ensure that any such document is available for use as evidence in this proceeding, and available if necessary for legitimate use by the party against whom such order is issued; and (B) specify the manner in which such return shall be accomplished.

[2.] (2) For purposes of this subdivision, "identification document" shall mean any of the following: (A) exclusively in the name of the protected party: birth certificate, passport, social security card, health insurance or other benefits card, a card or document used to access bank, credit or other financial accounts or records, tax returns, any driver's license, and immigration documents including but not limited to a United States permanent resident card and employment authorization document; and (B) upon motion and after notice and an opportunity to be heard, any of the following, including those that may reflect joint use or ownership, that the court determines are necessary and are appropriately transferred to the protected party: any card or document used to access bank, credit or other financial accounts or records, tax returns, and any other identifying cards and documents; and

(j) to observe such other conditions as are necessary to further the purposes of protection.

2. The court may also award custody of the child, during the term of the order of protection to either parent, or to an appropriate relative within the second degree. Nothing in this section gives the court power to place or board out any child or to commit a child to an institution or agency. In making orders of protection, the court shall so act as to insure that in the care, protection, discipline and guardianship of the child his religious faith shall be preserved and protected.

3. Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless of whether such persons have been married or have lived together at any time, or against a member of the same family or household as defined in subdivision one of section eight hundred twelve of this act.

4. In addition to the foregoing provisions, the court may issue an order, pursuant to section two hundred twenty-seven-c of the real property law, authorizing the party for whose benefit any order of protection has been issued to terminate a lease or rental agreement pursuant to section two hundred twenty-seven-c of the real property law.

5. In any proceeding pursuant to this article, a court shall not deny an order of protection, or dismiss an application for such an order, solely on the basis that the acts or events alleged are not relatively contemporaneous with the date of the application or the conclusion of the action. The duration of any temporary order shall not by itself be a factor in determining the length or issuance of any final order.

6. The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor nor may such protected party be arrested for violating such order.

7. The clerk of the court shall be responsible for providing information to individuals petitioning for ex parte orders of protection regarding notification of service of an order of protection. Such notification to the petitioner is required if the petitioner has registered a telephone number with the state victim notification system. The

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petitioner shall be informed of his or her option to receive notification of service of an ex parte order of protection or summons on the respondent by the court clerk and shall be provided information on how to receive notification of service of ex parte orders of protection or summons to court. The local law enforcement agency or any other government agency responsible for serving ex parte orders of protection or summons to court shall record the service of orders of protection on the computerized registry established pursuant to section two hundred twenty-one-a of the executive law at the time when service occurs. The provisions of this subdivision shall only apply to those court clerks able to access a statewide victim notification system.

§ 4. Section 551 of the family court act, as amended by chapter 526 of the laws of 2013, and the closing paragraph as added by chapter 480 of the laws of 2013, is amended to read as follows:

§ 551. Order of protection. 1. The court may make an order of protection in assistance or as a condition of any other order made under this article. The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by the petitioner or respondent or both. No order of protection may direct any party to observe conditions of behavior unless the party requesting the order of protection has served and filed a petition or counter-claim in accordance with section one hundred fifty-four-b of this act. Such an order may require the petitioner or the respondent:

(a) to stay away from the home, school, business or place of employment of any other party, the other parent, or the child, and to stay away from any other specific location designated by the court;

(b) to permit a parent, or a person entitled to visitation by a court order or a separation agreement to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in subdivision one of section eight hundred twelve of this act, or any criminal offense against the child or against the other parent or against any person to whom custody of the child is awarded, or from harassing, intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in this proceeding or in any other proceeding or action under this act or the domestic relations law;

(e) to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child;

(f) to participate in an educational program and to pay the costs thereof if the person has the means to do so, provided, however, that nothing contained herein shall be deemed to require payment of the costs of any such program by the state or any political subdivision thereof;

(g) to provide, either directly or by means of medical and health insurance, for expenses incurred for medical care and treatment arising from the incident or incidents forming the basis for the issuance of the order;

(h) to pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the order of the person who is protected by such order if such order is issued or enforced, whether or not an order of filiation is made;

(i) [1.] (1) to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the person protected by the order or a minor child residing in such person's household.

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[2.] (2) "Companion animal", as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;

(j) [1.] (1) to promptly return specified identification documents to the protected party, in whose favor the order of protection or temporary order of protection is issued; provided, however, that such order may: (A) include any appropriate provision designed to ensure that any such document is available for use as evidence in this proceeding, and available if necessary for legitimate use by the party against whom such order is issued; and (B) specify the manner in which such return shall be accomplished.